Public Review Draft. Fortuna Municipal Code. Title 17: Zoning Regulations. Fortuna Planning Commission Review Copy. June 28, 2011

Transcription

1 Public Review Draft Fortuna Municipal Code Title 17: Zoning Regulations Fortuna Planning Commission Review Copy June 28, 2011 This document is subject to revision and updating.

2 Key to Text Color Code Original Zoning Code text that is not changed appears in black ink. Code section citations and text added for clarity are underlined. Redundant (duplicated) text has been crossed out. Text required by the General Plan or state law appears in red ink. Proof-reading changes appear in blue ink. Public Review Draft ii Subject to revision

3 TABLE OF CONTENTS CHAPTER 1: TITLE & PURPOSE Adoption Short Title Purpose of Provisions Consistency With Fortuna General Plan CHAPTER 2: ENUMERATION OF ZONES AND ADOPTION OF ZONING MAP Principal Zones - Enumerated Combining Zones - Enumerated Zoning Map Adopted Determination of Zone Boundaries All Territory in City Affected Annexations Provisions Applicable to All Zones Zoning Regulations - Conflicts CHAPTER 3: REGULATIONS THAT APPLY IN PRINCIPAL ZONES Residential Estates (RE) Residential Single Family (R-1) Multifamily Residential (R-M) Neighborhood Commercial (N-C) Retail Commercial (R-C) Commercial Thoroughfare (C-T) Freeway Commercial (FC) Light Industrial (M-1) Heavy Industrial (M-2) Agriculture Exclusive (A-E) Public Facility (PF) CHAPTER 4: REGULATIONS THAT APPLY IN COMBINING ZONES Combining Zone Regulations - Generally Special Building Site (B) Design Review (D) Qualified (Q) Mobile Home (T) Public Review Draft iii Subject to revision

4 CHAPTER 5: REGULATIONS THAT APPLY IN MORE THAN ONE ZONE Area Requirements Compliance by Buildings Certificate of Occupancy Height Restrictions, Limitations and Modifications Landscaping and Screening Lots Not Fronting on Public Ways Off-Street Parking and Loading Open Space for Multi-Family Development Signs Storm Drainage Improvements Street Frontage Yards CHAPTER 6: REGULATIONS THAT APPLY TO SPECIFIC USES Accessory Buildings Accessory Uses Adult Entertainment Activities Airports and heliports Amusement Centers and Kindred Activities Animals and Animal Shelters Assemblages Bed and Breakfast inns Childcare Facilities Communications Structures Essential Services Garage and Yard Sales Guesthouses Heavy Equipment Storage Home Occupations Major Retail Developments Mobile Homes Mobile Homes Used as Single-Family Dwellings Mobile Home Parks Model Homes and Temporary Sales Offices Nonconforming Uses Promotional Events Public Uses Public Utility Buildings and Uses Recreational Vehicle Parks Removal of Natural Materials Sales and Boarding of Animals Public Review Draft iv Subject to revision

5 Sand, Gravel, and Quarry Operations Schools Second Residential Dwellings Service Stations Social Halls, Lodges, and Kindred Places Swimming Pools Traffic Impact Fees Veterinary Hospitals or Clinics CHAPTER 7: PROCEDURES, AMENDMENTS AND ENFORCEMENT Purpose Zoning Administrator Initiation, Application and Fees Application Procedures, Hearings and Appeals Grounds for Revocation Expiration of Permits and Variances Security Development permits Zoning Clearance Certificates Use Permits Variances Planned Developments Development Agreements Design Review Zoning Amendments Enforcement DEFINITIONS & ILLUSTRATIONS Public Review Draft v Subject to revision

6 Key to Text Color Code Original Zoning Code text that is not changed appears in black ink. Code section citations and text added for clarity are underlined. Redundant (duplicated) text has been crossed out. Text required by the General Plan or state law appears in red ink. Proof-reading changes appear in blue ink. Public Review Draft vi Subject to revision

7 CHAPTER 1 TITLE AND PURPOSE Sections: Adoption Short Title Purpose of Provisions Consistency with Fortuna General Plan Adoption A. There is adopted a zoning ordinance for the City of Fortuna, as provided by Title 7, Division 1, Chapter 4 Zoning Regulations, of the Government Code of the state of California: (Sections et seq.). This Title constitutes a short-range precise plan for the use of land consistent with, and implementing the Fortuna General Plan standards. B. The provisions of this Title shall apply to all lands and all owners of lands within all of the incorporated area of the city: (Ord ) Short Title This Title shall be known and cited as the zoning regulations ordinance of the City of Fortuna. In any administrative action taken by any public official under the authority set forth in this Title, the term zoning regulations ordinance, unless further modified, shall also refer to and mean this Title: (Ord ) Purpose of Provisions The ordinance codified in this Title is adopted to promote and protect the public health, safety, comfort, morals, convenience, and general welfare; to implement the Fortuna General Plan; to provide for sound and orderly growth and development; and to protect, maintain, and enhance the quality of life within the various residential districts of the city: (Ord ) Consistency with Fortuna General Plan A. The city council and planning commission are mandated by the state to ensure that the various land uses authorized by the text and map of the ordinance codified in this title are compatible with the objectives, policies, general land use, and programs specified in the Fortuna General Plan. B. In construing the provisions of this section, it is intended that the Fortuna General Plan and elements and parts thereof comprise an integrated, internally consistent and compatible statement of policies for the adopting agency: (Ord ). Public Review Draft 1 Subject to revision

8 Key to Text Color Code Original Zoning Code text that is not changed appears in black ink. Code section citations and text added for clarity are underlined. Redundant (duplicated) text has been crossed out. Text required by the General Plan or state law appears in red ink. Proof-reading changes appear in blue ink. Public Review Draft 2 Subject to revision

9 CHAPTER 2 ENUMERATION OF ZONES AND ADOPTION OF ZONING MAP Sections: Principal Zones -- Enumerated Combining Zones -- Enumerated Zoning Map Adopted Determination of Zone Boundaries All Territory in City Affected Annexations Provisions Applicable to All Zones Zoning Regulations -- Conflicts Principal Zones Enumerated The several zoning districts established, into which the city may be divided, are listed below: Residential Estates (RE) Residential Single Family (R-1) Multifamily Residential (R-M) Neighborhood Commercial (N-C) Retail Commercial (R-C) Commercial Thoroughfare (C-T) Freeway Commercial (FC) Light Industrial (M-1) Heavy Industrial (M-2) Agriculture Exclusive (A-E) Public Facility (PF) Combining Zones Enumerated In addition to the principal zones established in FMC , certain combining regulation zones are established as follows: Special Building Site (B) Design Review (D) Qualified (Q) Mobile Home (T) Zoning Map Adopted The locations and boundaries of the zoning districts are established as they are shown on a map entitled The Zoning Map of the City of Fortuna (hereafter referred to as zoning map ) and amendments thereto, signed by the mayor and city clerk, which map and amendments are declared to be a part of this Title: (Ord (A)). Public Review Draft 3 Subject to revision

10 Determination of Zone Boundaries Where uncertainty exists as to the boundaries of any of the zoning districts shown on the Zoning Map, the following rules shall apply. Where more than one of the following rules is applicable in any given situation, the first enumerated and applicable rules shall prevail: A. Where the district boundary line is shown by a specific dimension, such specific dimension shall control. B. Where a district boundary is located within or along a street, alley, right-of-way, or channelized waterway, the district boundary line shall be deemed to be such street, alley, rightof-way, channelized waterway, or extensions thereof or there-from. C. Where a dedicated street or alley shown on the Zoning Map is vacated by resolution or ordinance, the property formerly in the street or alley shall be included within the zone of the adjoining properties on both sides of the vacated street or alley. In the event that the centerline of the vacated street or alley was the boundary between two or more different zones, the zone boundary remains the former centerline of the vacated street or alley. D. Where a district boundary line is shown as approximately following platted lot lines, the district lot lines shall be deemed to coincide with such platted lot lines. E. Where a centerline of a dedicated or vacated street or alley is the boundary between zones, that boundary may be extended across acreage, blocks, or large lots as deemed appropriate by the planning commission and city council. F. Where zone boundary lines are not approximately street, alley, or lot lines, whether existing, vacated, or extended, and where the zoning boundaries are not accompanied by present or future detailed maps of smaller scale and lot text notations on zone depth from the centerline or frontage of a street, then the boundary lines of the zoning map shall be determined by the scale contained on such map. Where uncertainty exists, the zone boundary line shall be determined by the planning commission, consistent with the Fortuna General Plan: (Ord (B)) All Territory in City Affected Annexations A. All incorporated territory of the city shall be classified as specified by the Zoning Map adopted as part of this Title. B. Any land that shall be annexed to the city shall be appropriately zoned subject to the provisions of subsections (C) and (D) of this section. C. The owner of any land, prior to filing a petition for annexation to the city, may file an application for pre-zoning by complying with local and state provisions and paying the fees established by the city council by fee resolution. The pre-zoning, as established by the planning commission with the approval of the city council, will be binding upon the city as of the effective date of the annexation. D. In the event that a proposed annexation is instituted by the city or other property owners, any owner of land included in the proposed annexation, the city council, the planning commission, or the city manager, when acting in their official capacity, may file an application for pre-zoning by complying with the provisions and procedures set forth in this Title. Public Review Draft 4 Subject to revision

11 E. The payment of fees is waived for the city, city council, planning commission, or city manager, when acting in their official capacity. Zoning established by the planning commission, with the approval of the city council, will be binding on the city as of the effective date of city council concurrence: (Ord Z 3; Ord ) Provisions Applicable to All Zones Each and every zone shall be subject to the provisions of FMC and Chapter FMC, in addition to the requirements and regulations set forth elsewhere in this Title. for each of the zones. The purpose of FMC and Chapter FMC is to establish standards and considerations in order to achieve the maximum compatibility of these listed uses with their immediate and general settings. The standards and considerations shall apply to principal and accessory uses as specified, and shall guide the planning commission in the issuance of conditional use permits: (Ord ) Principal Zoning Regulations Conflicts In addition to the regulations specified in this title for each of the principal zones, the general regulations set forth in all Chapters of this title FMC and Chapter FMC shall be applicable to each and every such zone. In the event of conflict between the particular regulations for each zone set forth in this Title and the general regulations set forth in FMC and Chapter FMC, the more restrictive regulations shall apply. In doubtful cases, the planning commission shall determine which of the conflicting regulations shall be applicable: (Ord ). Public Review Draft 5 Subject to revision

12 Key to Text Color Code Original Zoning Code text that is not changed appears in black ink. Code section citations and text added for clarity are underlined. Redundant (duplicated) text has been crossed out. Text required by the General Plan or state law appears in red ink. Proof-reading changes appear in blue ink. Public Review Draft 6 Subject to revision

13 CHAPTER 3 REGULATIONS THAT APPLY IN PRINCIPAL ZONING DISTRICTS Sections: Residential Estates (RE) Residential Single-Family (R-1) Multifamily Residential (R-M) Neighborhood Commercial (N-C) Retail Commercial (R-C) Commercial Thoroughfare (C-T) Freeway Commercial (FC) Light Industrial (M-1) Heavy Industrial (M-2) Agriculture Exclusive (A-E) Public Facility (PF) Public Review Draft 7 Subject to revision

14 Residential Estates Zoning District (RE) A. Purpose. The purpose of the RE district is to provide for very low-density areas for singlefamily residences. Such a low-density district is particularly intended to permit a reduction in streets, public utilities, and related public services that is not possible in higher-density residential areas. The range of density classes indicated for RE districts is intended to permit the implementation of the density recommendations of the Fortuna general plan and to permit harmonious development of estate districts of different density characteristics: (Ord (A)). B. Permitted Principal Uses. One single-family dwelling or mobile home per lot: (Ord (B)). Permitted principal uses in the RE districts are as follows: 1. Single-family dwellings, not to exceed one per lot; 2. Keeping of not more than eight household pets on each lot: (Ord (B)). C. Permitted Accessory Uses. Subject to the provisions of FMC and : 1. One second residential dwelling per lot, subject to the provisions of FMC ); 2. Childcare facilities with eight or fewer children, subject to the provisions of FMC ; 3. Community care facilities for six or fewer (FMC ); 4. Home occupations, subject to the provisions of FMC ; 5. Servants quarters; 6. Guesthouses, subject to the provisions of FMC ; 7. Private garages and parking areas; 8. Garage and yard sales, subject to the provisions of FMC ; 9. Public parks, playgrounds, and other public recreational uses; 10. Keeping of not more than eight household pets on each lot, subject to the provisions of FMC ; 11. Other accessory uses and buildings customarily appurtenant to a permitted use: (Ord (B)), D. Conditional Uses. Subject to securing a use permit pursuant to the provisions of Chapter 7: 1. Essential services, public and quasi-public storage buildings and uses, not including service centers, storage or repair yards, warehouses, and similar uses; 2. Model homes and temporary sales offices, subject to the provisions of FMC ; Public Review Draft 8 Subject to revision

15 3. Country clubs, tennis clubs, and golf courses; 4. Group care, retarded Community care facilities with seven or more (FMC , 5. Childcare facilities with nine or more children, subject to the provisions of FMC Repealed by Ord , 6. Second residential dwellings: (Ord ; Ord ; Ord ; Ord (D)). E. Height Regulations. No principal building shall exceed 30 feet in height and no accessory building shall exceed 15 feet in height, except as provided for in FMC Exceptions to the height standard for an accessory building allowing a maximum height of 30 feet may be granted by through a use permit: (Ord ; Ord (E)). F. Lot Standards, Yards, and Floor-Area Ratio. Area, lot width and yards The following minimum requirements shall be observed, subject to the provisions of Chapter 6 and FMC , except where increased for conditional uses: District Minimum Depth or Width in Feet Net Lot Lot Lot Depth of Required Yards Area Width (Ft.) Total for (Sq. ft.) (Ft.) Front Side Rear Two Side RE-43 43, RE-20 20, (Ord ; Ord (F)). 1. Nonresidential use floor area ratio shall not exceed 0.10 in the RE-43 district, or 0.30 in the RE-20 district, 2. In the RE-20 district, the side yard adjacent to on the street of a corner lot shall be not less than 20 feet, and the total of the two side yards shall be not less than 30 feet. G. Other Regulations. 1. Off-street parking shall be required for all uses, as provided in FMC : (Ord (G)), 2. Signs shall comply with all provisions of FMC Public Review Draft 9 Subject to revision

16 Residential Single-Family Zoning District (R-1) A. Purpose. The purpose of the R-1 district is to provide areas where existing single-family dwellings may be protected and to encourage the development of new neighborhoods of singlefamily dwellings. The R-1 districts is are intended to accommodate groups of single-family homes, together with the schools, parks, open spaces, and other public services required for a satisfactory family (residential instead?) environment. The range of density classes indicated for the R-1 districts is intended to permit the implementation of the density ranges in Fortuna s general plan and to permit harmonious development of residential districts of different density characteristics: (Ord (A)). B. Principal Permitted Use. One single-family dwellings or mobile home per lot: (Ord (B)); not to exceed one per lot. The principal permitted use in R-1 districts is C. Permitted Accessory Uses. Subject to the provisions of FMC and : Permitted accessory uses in the R-1 districts are as follows 1. One second residential dwelling per lot, subject to the provisions of FMC ); 2. Childcare facilities with eight or fewer children, subject to the provisions of FMC ; 3. Community care facilities for six or fewer (FMC ); 4. Home occupations, subject to the provisions of FMC ; 5. Guest rooms for not more than two persons in any single-family dwelling; 6. Servants quarters for household workers employed on the premises; 7. Guesthouses, subject to the provisions of FMC ; 8. Garage and yard sales, subject to the provisions of FMC ; 9. Public parks, playgrounds, and other public recreational uses; 10. Keeping of not more than four household pets on each lot, subject to the provisions of FMC ; 9. Other accessory uses and buildings customarily appurtenant to a permitted use: (Ord (B)), D. Conditional Uses. Subject to securing a use permit pursuant to the provisions of Chapter 7: Conditional uses in the R-1 districts are as follows, 1. Essential services, public and quasi-public storage buildings and uses, not including service centers, storage or repair yards, warehouses, and similar uses; Public Review Draft 10 Subject to revision

17 2. Model homes and temporary sales offices, subject to the provisions of FMC ; 3. Group care, retarded; Community care facilities with seven or more (FMC ); 4. Childcare facilities with nine or more children, subject to the provisions of FMC ; 5. Principal permitted uses in the Neighborhood Commercial (N-C) zoning district: (FMC ). 6. Repealed by Ord , 7. Second residential dwellings: (Ord ; Ord ; Ord ; Ord (D)). E. Height Regulations. No principal building shall exceed 30 feet in height and no accessory building shall exceed 15 feet in height, except as provided for in FMC Exceptions to the height standard for an accessory building allowing a maximum height of 30 feet may be granted through a use permit: (Ord ; Ord (E)). F. Lot Standards, Yards, and Floor-Area Ratio. Area, lot width and yards The following minimum requirements shall be observed, subject to the provisions of Chapter 6 and FMC District Classific atoin Net Lot Area (Sq. ft.) R , R1-6 6, , except where increased for conditional uses: (Ord l; Ord (F)). 1. Nonresidential use floor area ratio shall not exceed 0.30 in the R1-10 districts, or 0.50 in the R1-6 district. G. Other Regulations. Lot Depth (Ft.) Lot Width (Ft.) Lot Coverage (Max %) 1. Off-street parking shall be is required for all uses, as provided in FMC : (Ord (G)). 2. Signs shall comply with all provisions of FMC Minimum Depth or Width in Feet of Required Yards Total for Front Side Rear Two Side Public Review Draft 11 Subject to revision

18 Multifamily Residential Zoning District (R-M) A. Purpose. The RM district is intended to be applied in areas of the city where it is reasonable to permit and protect medium-high density apartment, townhouse, and condominium development. The RM district is intended to be applied in existing medium-high density areas, as well as other developed areas to encourage higher-density development and in undeveloped areas to allow for large-scale development projects: (Ord ). B. Principal Permitted Use. s A total of five multifamily dwelling units, subject to design review approval, pursuant to the provisions of Chapter 7. The following uses are permitted in the RM district C. Permitted Accessory Uses. Subject to the provisions of FMC and : The following accessory uses are permitted in the RM zone: 1. One second residential dwelling per lot, subject to the provisions of FMC ; 2. Childcare facilities with eight or fewer children, subject to the provisions of FMC ; 3. Community care facilities for six or fewer (FMC ); 4. Home occupations, subject to the provisions of FMC ; 5. Private garages and parking areas; 6. Garage and yard sales, subject to the provisions of FMC ; 7. Keeping of not more than two household pets on each lot, subject to the provisions of FMC ; 8. Public parks, playgrounds, and other public recreational uses; 9. Other accessory uses and buildings customarily appurtenant to a permitted use: (Ord (B)). D. Conditionally permitted Uses. Subject to securing a use permit, and design review approval with the exception of single-family dwellings, pursuant to the provisions of Chapter 7: 1. Six or more multifamily dwelling units; 2. Rest homes; 3. Hospital offices; 4. Repealed by Ord , 4. Sheltered care facilities Community care facilities with seven or more (FMC ); Public Review Draft 12 Subject to revision

19 5. Bed-and-breakfast inns, subject to the provisions of FMC ; 6. Second residential dwellings, 6. Mobile home parks, subject to the provisions of FMC ; 7. Childcare facilities with nine or more children, subject to the provisions of FMC ; 8. Single-family dwellings: (Ord ; Ord ); 9. Principal permitted uses in the Neighborhood Commercial (N-C) zoning district: ( ). E. Height Regulations. Maximum height limit, except as provided for in FMC : 1. One foot in building height for every foot of setback from any property line adjacent to developed single-family areas or undeveloped single-family districts, up to a maximum of the lesser of 40 feet or three stories, 2. Two feet in building height for every foot of setback from any property line adjacent to developed two-story single-family areas, up to a maximum of the lesser of 40 feet or three stories. F. Lot Standards, Yards, and Floor-Area Ratio. The following minimum requirements shall be observed, subject to the provisions of Chapter 6 and FMC , except where increased for conditional uses. Minimum Net Lot Area (Sq. ft.) Lot Width (Ft.) 10, Minimum Lot Depth 3 times lot width Minimum Depth or Width in Feet of Required Yards Front Side Rear Public Street Minimum net lot area may be reduced under the planned development provisions in FMC ; 2. Minimum lot width may be reduced under the planned development provisions in FMC ; 3. Minimum lot depth: three times lot width; 4. Minimum yards: a. Front: 20 feet, b. Side: 5 feet, Public Review Draft 13 Subject to revision

20 c. Rear: 10 feet, d. Public street: 10 feet Zero lot line option. All or part of the setback and height requirements of interior yards along property lines adjoining other private lots may be waived with the written permission of the property owner of the private lot adjoining the yard that is being encroached upon. Such written permission shall take the form of a zero lot line option agreement that shall be recorded on the chain of title of the adjoining property being affected. The zero lot line option agreement shall describe the extent of such waiver. All construction utilizing this option shall be subject to design review approval of the design review board. All Uniform Building Code requirements resulting from the use of an interior setback of less than the normal zone requirements shall be met by the construction. In no case shall a zero lot line option be approved that would prevent emergency access to all portions of the lot. 6. Maximum Height Limit. a. One foot in building height for every foot of setback from any property line adjacent to developed single-family areas or undeveloped single-family districts to a maximum of the lesser of 40 feet or three stories; b. Two feet in building height for every foot of setback from any property line adjacent to developed two-story single-family areas up to a maximum of the lesser of 40 feet or three stories. 7. Density: One unit per 2,000 square feet of net lot area. 4. Nonresidential use floor area ratio shall not exceed 0.60, and the mixed-use floor area ratio shall not exceed G. Other Regulations. 1. Required open space. At least 40 percent of the area of a lot shall be open space, not covered by buildings, parking spaces, or driveways, as provided in accordance with FMC This standard shall apply to all residential multifamily developments. This standard may be reduced or modified for any other use in the RM zone, as approved by the planning commission through the conditional use permit process 2. Covered parking and storage area. Covered parking shall be provided in accordance with FMC In lieu of covered parking, enclosed, lockable storage areas may be provided on the following per unit basis: 1 bedroom 12 square feet 2 bedroom 21 square feet 3 bedroom 30 square feet Public Review Draft 14 Subject to revision

21 3. Off-street parking. Off-street parking shall be required for all uses, as provided in accordance with FMC : Off-street parking: As prescribed in FMC Landscaping and screening. At least 20 percent of the lot shall be landscaped and screened, as prescribed in FMC This standard applies only to subdivisions of land completed after December 17, 1990, or to larger lots as determined by the zoning administrator. The amount of landscaping and screening for smaller lots created prior to December 17, 1990 shall be determined by the design review board. 5. Review procedures. As prescribed in Chapter 7 of these zoning regulations; (Ord ; Ord ). 6. Signs shall comply with all provisions of FMC Public Review Draft 15 Subject to revision

22 Neighborhood Commercial Zoning District (N-C) A. Purpose. The purpose of the N-C district is to provide locations for convenience retail shopping facilities and services adequate to supply the daily needs of serving the residential neighborhoods of Fortuna. The N-C district shall be established in accordance with the local service commercial or boulevard commercial designations of the Fortuna General Plan or any applicable area plan, where analysis of residential population demonstrates that such facilities are required. It is the purpose of the N-C district to provide for retail and service uses adequate to supply the daily needs of neighborhood residents: (Ord (A)). B. Principal Permitted Uses. 1. Professional offices; 2. Antique, art, music, and hobby stores; 3. Cleaning and dyeing establishments; 4. Dry goods stores; 5. Food stores; 6. Household appliance, radio, and TV repair establishments (small scale); 7. Restaurants seating less than 100 persons, including service of alcoholic beverages at tables and a bar; 8. Sporting goods stores; 9. Barber and beauty shops 10. Childcare facilities with eight or fewer children, subject to the provisions of FMC (where a use permit is obtained for the residential use prior to establishment of the child day care facility); 11. Community care facilities for six or fewer (FMC ) (where a use permit is obtained for the residential use prior to establishment of the community care facility); 12. Bed-and-breakfast inns: (Ord ; Ord ; Ord (B)). C. Permitted Accessory Uses. Subject to the provisions of FMC and : The following are the accessory uses permitted in the N-C district, 1. Public parks, playgrounds, and other public recreational uses; 2. Accessory uses and buildings customarily appurtenant to a permitted use, such as incidental storage facilities (Ord (C)). D. Conditional Uses. Subject to securing a use permit pursuant to the provisions of Chapter 7: The following are conditional uses in the N-C district: Public Review Draft 16 Subject to revision

23 1. Residential uses having the density, open space, and setback requirements of the RM zone, subject to design review under Chapter 7, with the exception of single-family dwellings; 2. Mobile home parks, subject to the provisions of FMC ; 3. Childcare facilities with nine or more children, subject to the provisions of FMC ; 4. Public and quasi-public buildings and uses, not to include service centers, storage or repair yards, warehouses, or similar uses; 5. Community care facilities for seven or more (FMC ); 6. Service stations, subject to the provisions of FMC ; 7. Social halls and nonprofit clubs, subject to the requirements of FMC ; 8. Plant nurseries; 9. Shopping centers, which are subject to all three of the following: Minimum size of one acre, and Placement of the design control combining of -D zone on the entire project site, and Approval of the final site plan by the city council, after review by the planning commission; 10. Special schools: (Ord ; Ord ; Ord (D)), E. Height Regulation. The maximum building height shall be 35 feet, except as provided for in FMC : (Ord (E)). Public Review Draft 17 Subject to revision

24 F. Lot Standards, Yards, and Floor Area Ratio. Area, lot width, and yards The following minimum requirements shall be observed, subject to the provisions of Chapter 6 and FMC , except where increased for conditional uses: Minimum Net Lot Area (Sq. ft.) Minimum Lot Width (Ft.) 2, Minimum Depth or Width in Feet of Required Yards Front Side Rear None, except that where frontage is in a block that is partially in an R zone, the front yard shall be the same as that required in such R zone. None, except that a side yard of an interior lot abutting an R zone shall be not less than the front yard required in such R zone, 15, except where a rear yard abuts on an alley, such rear yard may be not less than five feet. Exceptions to this requirement may be granted through a use permit. (Ord ; Ord (F)). 1. Floor area ratio shall not exceed G. Other conditions Regulations. 1 Off-Street Parking. Off-street parking shall be is required for all uses, as provided in FMC Landscaping. All parts of the required front yard except the area used for walks and driveways shall be landscaped as prescribed in FMC Indoor Uses. All uses shall be conducted wholly within a completely enclosed building, except for service stations, off-street parking and loading facilities, plant nurseries, newspaper stands, ice machines, and kindred uses. Except for nursery stock, all merchandise shall be stocked located indoors. Goods for sale shall consist primarily of new merchandise and shall be sold at retail on the premises, except for occasional sidewalk or parking lot sales. 4. Pre-existing nonconforming uses as determined by the planning commission shall be exempt from subsection (C) of this section. A list of pre-existing, nonconforming uses shall be prepared by the planning commission and placed on file in the office of the city clerk. 5. If the commercial use for any parcel changes from its current use, the new use must conform with the existing zoning and parking requirements: (Ord ; Ord (G)). 6. Signs shall comply with all provisions of FMC Public Review Draft 18 Subject to revision

25 Retail Commercial Zoning District (R-C) A. Purpose. The purpose of the R-C district is to stabilize, improve, and protect the commercial characteristics of the retail business district of the city. The R-C district is intended to provide a complete and intensive commercial center in the downtown commercial area: (Ord (A)). B. Principal Permitted Uses. 1. Art, music, and hobby stores; 2. Business administration offices; 3. Business service establishments; 4. Childcare facilities with eight or fewer children, subject to the provisions of FMC , (where a use permit is obtained for the residential use prior to establishment of the child daycare facility); 5. Community care facilities for six or fewer (FMC ) (where a use permit is obtained for the residential use prior to establishment of the community care facility); 6. Department stores; 7. Dry goods stores; 8. Financial institutions; 9. Furniture and appliance stores; 10. Hotels and nonprofit clubs; 11. Miscellaneous retail stores; 12. Motion picture and legitimate live theaters, concert halls, and assembly halls; 13. Professional offices; 14. Recreation and sports stores; 15. Restaurants including bars, dancing and entertainment; 16. Special schools; 17. Bed-and-breakfast inns, subject to the provisions of FMC : (Ord ; Ord ; Ord (B)). C. Permitted Accessory Uses. Accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of FMC and in the R-C district are accessory uses and buildings customarily appurtenant to a permitted use: (Ord (C)). Public Review Draft 19 Subject to revision

26 D. Conditional Uses. Subject to securing a use permit pursuant to the provisions of Chapter 7: The following are conditional uses in the R-C district, 1. Automobile rental agencies, commercial parking lots and parking structures, and service stations subject to the provisions of FMC ; 2. Automotive services, general; 3. Childcare facilities with nine or more children, subject to the provisions of FMC ; 4. Commercial recreation facilities subject to the following: a. Ingress and egress shall be at least 20 feet from any property line, b. Landscape and screening provisions of FMC shall be followed. 5. Community care facilities for seven or more (FMC ); 6. Contractors shops and yards; 7. Food stores; 8. Major retail development, subject to the provisions of FMC ; 9. Mortuaries, crematories, and columbariums; 10. Plant nurseries; 11. Shopping centers, which are subject to all three of the following: a. Minimum size of two acres, including adjacent and associated lots developed, managed, or owned by the same party, which may or may not be enjoying joint reciprocal parking and/or access, and b. Placement of the -D design control combining zone on the entire project site, and c. Approval of the final site plan by the city council after review by the planning commission; 12. Warehousing and wholesaling; 13. Residential uses that conform with the density, open space, and setback requirements of the RM zone, subject to design review under Chapter 7, with the exception of single-family dwellings: (Ord ; Ord l; Ord (D)). E. Height Regulations. No building or structure shall exceed 48 feet in height, except as provided in FMC : (Ord (E)). Public Review Draft 20 Subject to revision

27 F. Lot Standards, Yards, and Floor-Area Ratio. Area, lot coverage, and yards The following minimum requirements shall be observed, subject to the provisions of Chapter 6 and FMC , except where increased for conditional uses: The following shall apply in the R-C district: Minimum Net Lot Area (Sq. ft.) Lot Coverage (Max %) 2, None (Ord ; Ord (F)). Minimum Depth or Width in Feet of Required Yards Front Side Rear None, except when abutting an R district, then not less than 15 feet. None, except when abutting an R district, then not less than 15 feet. Exceptions may be granted through a use permit. 1. Nonresidential floor area ratio shall not exceed 1.0, except that the floor area ratio for a mixed-use shall not exceed 2.0. G. Other conditions Regulations. 1. Off-street parking. Off-street parking shall be is required for all uses, as provided in FMC Landscaping. All undeveloped parts of the lot shall be landscaped, as prescribed in FMC Indoor Uses. All uses shall be conducted wholly within a completely enclosed building, except for service stations, off-street parking and loading facilities, plant nurseries, newspaper stands, ice machines, kindred uses, and farmer s markets. The location of farmer s markets shall be approved by the city council. Except for nursery stock and farmer s markets, all merchandise shall be stocked located indoors. Goods for sale shall consist primarily of new merchandise and shall be sold at retail on the premises, except for occasional sidewalk or parking lot sales. 4. Pre-existing nonconforming uses as determined by the planning commission shall be exempt from subsection (C) of this section. A list of said pre-existing, nonconforming uses shall be prepared by the planning commission and placed on file in the office of the city clerk. 5. If the commercial use for any parcel changes from its current use, the new use must conform to the existing zoning and parking requirements. 6. Commercial and industrial uses are subject to review under FMC , Design Review, with the exception that noticing property owners within 300 feet of the property as specified in FMC H, Notice, shall not be required: (Ord ; Ord ; Ord ; Ord (G)). 7. Signs shall comply with all provisions of FMC Public Review Draft 21 Subject to revision

28 Commercial Thoroughfare Zoning District (C-T) A. Purpose. The purpose of the C-T district is to provide for retail, wholesale, highway, and heavy commercial uses, along with amusement, transient residential, warehousing and distribution, maintenance, repair, and servicing activities. C-T districts are to be established in zones of two acres or larger and shall be located only in the immediate vicinity of arterial streets, freeways, or the service/frontage drives thereof: (Ord (A)). B. Principal Permitted Uses. 1. Automotive services, general; 2. Childcare facilities with eight or fewer children, subject to the provisions of FMC , (where a use permit is obtained for the residential use prior to establishment of the child daycare facility); 3. Commercial recreation facilities, such as swimming pools, bowling alleys, skating rinks, and dance halls; 4. Community care facilities for six or fewer (FMC ) (where a use permit is obtained for the residential use prior to establishment of the community care facility); 5. Convenience markets, not to exceed 3,000 square feet in gross floor area; 6. Food stores with at least 3,000 square feet of gross floor area; 7. Motels; 8. Offices; 9. Plant nurseries, greenhouses, and fruit stands; 10. Restaurants, including bars, dancing, and entertainment; 11. Restaurants, drive-in; 12. Retail shops for sale of auto parts and accessories, souvenirs, curios, and other similar products, primarily to serve the touring public; 13. Bed-and-breakfast inns, subject to the provisions of FMC : (Ord ; Ord ; Ord ; Ord ; Ord (B)). C. Permitted Accessory Uses. Accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of FMC and Permitted accessory uses in the C-T district are accessory uses and buildings customarily appurtenant to a permitted use: (Ord (C)). D. Conditional Uses. Subject to securing a use permit pursuant to the provisions of Chapter 7: The following are conditional uses in the C-T district, Public Review Draft 22 Subject to revision

29 1. Autobody, fender, and radiator shops; 2. Ambulance service, mortuary, crematorium, or columbarium; 3. Childcare facilities with nine or more children, subject to the provisions of FMC ; 4. Community care facilities with seven or more (FMC ); 5. Commercial stables; 6. Contractors shops and yards; 7. Legitimate Live theater; 8. Equipment rental and storage; 9. Light service industries, as defined by resolution of the city council; 10. Major retail development, subject to the provisions of FMC ; 11. Mobile home parks, subject to the provisions of FMC ; 12. Public and quasi-public buildings and uses, including corporation yards, warehouses, and similar uses; 13. Recreational vehicle parks, subject to FMC ; 14. Residential uses that conform with the density, open space and setback requirements of the RM zone, subject to design review under Chapter 7, with the exception of singlefamily dwellings; 15. Shopping centers, which are subject to all four of the following: a. Minimum size of two acres, including adjacent and associated lots developed, managed, or owned by the same party, which may or may not be enjoying joint reciprocal parking and/or access, and b. Placement of the -D design control combining zone on the entire project site, and c. Approval of the final site plan by the city council after review by the planning commission, and d. All principal permitted uses allowed in the R-C zone; 16. Veterinary facilities, subject to the provisions of FMC ; 17. Secondhand stores; Public Review Draft 23 Subject to revision

30 18. Warehousing and wholesaling, when completely enclosed inside a building: (Ord ; Ord ; Ord ; Ord ; Ord (D)). E. Height Regulations. No building or structure shall exceed 48 feet in height, except as provided in FMC : (Ord (E)). F. Lot Standards, Yards, and Floor-Area Ratio. Area, lot coverage, and yards The following minimum requirements shall be observed, subject to the provisions of Chapter 6 and FMC , except where increased for conditional uses: The following shall apply in the C-T district: Minimum Net Lot Area (Sq. ft.) Minimum Lot Width 6, (Ord ; Ord (F)). Minimum Depth or Width in Feet of Required Yards Front Side Rear None, except when abutting an R district, then not less than 15 ft. 10, except when abutting an R district, then not less than 20 feet. Exceptions may be granted through a use permit. 1. Nonresidential floor area ratio shall not exceed 0.8, except that the floor area ratio for a mixed-use shall not exceed 2.0. G. Other conditions Regulations. 1. Off-street Parking. Paved off-street parking and loading facilities shall be are required for all other principal permitted, accessory, and conditional uses, subject to the provisions of FMC Landscaping. All portions of the required front yard not used for access shall be landscaped, in accordance with FMC Indoor Use. All uses shall be conducted wholly within a completely enclosed building, except for service stations, off-street parking and loading facilities, plant nurseries, newspaper stands, ice machines, and kindred uses. Except for nursery stock, all merchandise shall be stocked located indoors. Goods for sale shall consist primarily of new merchandise and shall be sold at retail on the premises, except for occasional sidewalk or parking lot sales. Pre-existing nonconforming uses as determined by the planning commission shall be exempt from this subsection. A list of said pre-existing, nonconforming uses shall be prepared by the planning commission and placed on file in the office of the city clerk. 3. Shopping Centers. In a shopping center, not less than two percent of the parking area shall be landscaped and maintained, of which not more than one percent may be placed at any one location. The periphery of the site qualifies as a single location. In a shopping Public Review Draft 24 Subject to revision

31 center, the provisions of FMC (D) do not apply. Automobile parking spaces shall be provided at the rate of four and three-tenths parking spaces for each 1,000 square feet of gross leasable floor area. All other provisions of FMC shall apply to shopping centers. 5. If the commercial use for any parcel changes from its current use, the new use must conform with the existing zoning and parking requirements: (Ord ; Ord ; Ord (G)). 6. Signs shall comply with all provisions of FMC Public Review Draft 25 Subject to revision

32 Freeway Commercial Zoning District (FC) A. Purpose. The FC district is intended to be applied in areas of the city where it is reasonable to permit and protect commercial development that primarily serves the traveling public. This zone classification is intended to be applied only to areas that can be viewed from Highway 101: (Ord ). B. Principal Permitted Uses. Subject to design review approval pursuant to Chapter 7: The following uses are permitted in the FC district, 1. Automobile service stations; 2. Recreation, commercial; 3. Convenience stores less than 5,000 square feet in size; 4. Motels and hotels; 5. Recreational vehicle parks; 6. Automobile-related uses in the FC zone as follows: a. Shops and garages for the repair, sale or rental of new and used cars, trucks, trailers, recreational vehicles, agricultural and construction equipment, motorcycles, and off-road vehicles, b. Gasoline service stations, c. Tire shops, sales and installation, d. Auto washing, polishing, and detailing shops in conjunction with a principally permitted use, e. And any other establishment of a similar nature but not including auto wrecking or the storage or sale of used parts; 7. Restaurants: (Ord ; Ord ). C. Permitted Accessory Uses. Accessory uses and buildings customarily appurtenant to a permitted use, subject to the provisions of FMC and Permitted accessory uses in the FC district are accessory uses and buildings customarily appurtenant to a permitted use: (Ord ). D. Conditionally permitted Uses. Subject to securing a use permit and design review approval pursuant to the provisions of Chapter 7: The following are conditionally permitted uses in the FC zone, subject to design review under Chapter FMC, 1. Public buildings; 2. Public uses; Public Review Draft 26 Subject to revision

33 3. Light service industries, in conjunction with a principally permitted use; 4. Offices, in conjunction with a principally permitted use; 5. Warehouses, in conjunction with a principally permitted use; 6. Auto body and paint shops, in conjunction with a principally permitted use; 7. Stores for the sale of new auto parts supplies and accessories, in conjunction with a principally permitted use: (Ord ; Ord ). E. Height Regulations. No building or structure shall exceed 48 feet in height, except as provided in FMC F. Lot Standards, Yards, and Floor-Area Ratio. Area, lot coverage, and yards The following minimum requirements shall be observed, subject to the provisions of Chapter 6 and FMC , except where increased for conditional uses: Minimum Net Lot Area (Sq. ft.) Minimum Lot Width 12, Maximum Lot Depth 3 times lot width Minimum Depth or Width in Feet of Required Yards Front Side Rear Public Street Minimum net lot area: 12,000 square feet; 2. Minimum lot width: 80 feet; 3. Maximum lot depth: three times the lot width; 4. Minimum yards: a. Front: 15 feet, b. Side: five feet, c. Rear: 10 feet, d. Public street: 10 feet;. 1. Nonresidential floor area ratio shall not exceed G. Other Regulations. 1. Off-street Parking. Off-street parking shall be required for all uses, as provided in FMC ; Off-Street Parking. As prescribed in Chapter FMC 2. Landscaping and Screening. The front, side, and rear yards shall be landscaped in accordance with FMC The screening standards under FMC and Public Review Draft 27 Subject to revision